Wednesday, August 25, 2010
Wal-Mart has just filed a cert. petition with the U.S. Supreme Court in Dukes v. Wal-Mart. As we've been reporting on frequently (there's too many posts to link to, but you can search for "Dukes" to the right of this post for the full lineup), this is the largest employment discrimination case in history, covering over 1.5 million current and former women employees. Recently, the Ninth Circuit, in a 6-5 en banc decision, affirmed certification of this class of plaintiffs, and that certification is the issue being raised before the Supreme Court. Only if this certification stands will the discrimination issues be resolved.
My prediction? The Supreme Court will grant cert. and reverse the Ninth Circuit. There's a solid five justices who have repeatedly shown that they really don't like big plaintiff classes or employment discrimination cases in general. So this one seems like a natural for reversal.